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_ 1 <br />86-- 105121 <br />the performance of any of its duties hereunder, or in the exercise of any of Its rlgnts or powers, Ir n snap nave grouuue, ew <br />believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it- <br />tc1 Trustee m:iy consult with counsel of its own choosing and the advise of such counsel shall he full and complete <br />wthoriiz.;ifon and protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance thereon: <br />rdt Trusty shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within <br />the discretion or rights of powers conferred upon it by this Deed of Trust. <br />z' TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this Deed of <br />Trust, including in the event of sale by the Trustee ofsuch property, theTrustee's coats, expenses and fees, which fees shall not <br />exrced $..5M.M plus " of I% of the amount secured hereby and remaining unpaid. <br />SUBS iITUTiON OFTRUSTEE: That Beneficiary may, from time to time, by instrumentin writing, subetitnteaaucceasor ' <br />or successore to any Trustee named herein or actinghereander, which instrument, executed and acknowledged by Beneficiary - <br />and recorded in the office of the register of deeds of the county or counties where such property is situated, shall be conclnaive.. <br />proof of proper substitution of ouch Trustee or Trustees who shall without conveyance from the Trustee predecessor. to <br />all its title, estate rights, power and duties. <br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be <br />effective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of <br />Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any`" . <br />future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any <br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or by, - <br />adding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive its <br />right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts' <br />required hereunder. or to declare a default for failure so to pay. <br />W AiVER OF STATUTE OF LIMITATIONS: Time is of the essenre in all Trustor's obligations hereunder, and to theextent<,' <br />permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation <br />secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder_ <br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Trust may enterand <br />inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary, Truster will promptly <br />+deliver to Beneficiary such certified financial statements and profit and lose statementsofsuch types and at rich intervals as <br />may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable atromiting <br />principles and practices. which statements shall cover the "financial operations relating to Truster or such property and <br />Truster further agrees when requested by Beneficiary to promptly deliver in writing such farther additional information as <br />required by Beneficiary relating to any such financial statements. <br />:i <br />RFMF I)I FS: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law. <br />but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be, <br />otherwise entitled. may he exercised from time to time and as often as may be deemed expedient by them, and either of them <br />may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured bereby.it may <br />l <br />vnforre the sale thereof at its option, either before, contemporaneously with, or after the sale is made hereunder and on any <br />default of Trustor, Beneficiary may; at its option; offset against any indebtedness secured hereby, and the Beneficiary is <br />'. 3riarM authorized and empowered at its option, without any obligation so is do, and without affecting the oblagaitonshereof. <br />- to appi v toward the payment of any indebtedness ofthe Trustor to the Beneficiary, any and all sums ofmonev ofTrustor which <br />. roav havein its possession or Kinder its control. including without limiting the generality ofthe foregoing any savingsaimount, . <br />deposit, investment certificate, escrow or trust funds. <br />LAW APPLICABi.E, That this Deed of Trust shall be construed according to the laws of the staW of .Nebraska <br />Il I.FtiAl.i7 F In the event that any provision or clause of this Herd of Trust conflicts with applicable, law, such conflict, .. <br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this <br />end thr provisions of this Deed of Trust are declared to be severable. <br />t, iENERALPROVISIONS (a)This DeedofTrugt applies to. inarm to the benefit of. and binds all parties hereto, their heirs," <br />l?gatecs, devisees, administrators, executors, successors and assigns ib! the term "Beneficiary" shall mean the owner and <br />holder (including a pledgee) of any note secured hereby, whether or not names as Beneficiary herein. (c) Wherever thecontext- <br />�o requires, the masculine gender includes the feminine and tteuter, the singular number includes the plural, and vice versa. (d) <br />Captions and paragraph headings used herein arc for convenience only, are not a partofthis agreement, and shall notbe used, <br />in mmotruing it- If more than one person is named herein as Trainor. each obligation of Trustor shall be the joint and several. <br />obligation of each such person. The rights or remedies granted hereunder. or by law, shall not be exclusive, but shall be <br />cimcurt"t and cumulative. <br />TRi'A" i EE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by <br />low. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or <br />prne:eeding in which Trusty, Beneficiary or Trustee shall be a party. unless brought by Trustee. <br />' Maihng sddreas feu noticAmwTrustor= <br />F,0, Sox 11532 <br />Grand Island, TdF. <br />b8$132 <br />IN WITNE% WI.14REOV, Trustat has executed this Deed of Tr t o e su first shove written. <br />((hh <br />r <br />� <br />Sm. <br />W oRPPrRATF SFAl <br />c <br />